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2025 DAILYLAW 21391 (RAJ)

JULFIKAR KHAN S/O KAMAL KHAN v. THE STATE OF RAJASTHAN

CRLMB/7482/2025 · 2025-08-28

Praveer Bhatnagar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:34395] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7482/2025 Julfikar Khan S/o Kamal Khan, Aged About 34 Years, R/o Gadiya Mahesh, Police Station Aklera, District Jhalawar (Raj.) (Petitioner Is In Sub. Jail Aklera). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ali Mohammad Khan For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 28/08/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.220/2021 registered at Police Station Aklera, District Jhalawar for the offence(s) under Sections 8/21 & 8/29 of NDPS Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the alleged quantity of smack recovered from the possession of the other co-accused is 185 grams which is below commercial quantity. It is alleged against the petitioner that he fled from the place of occurrence and recovery was made from the possession of the other co-accused namely: Abdul Saeed @ Gabbu, Bharat Singh @ Bana and Nemi Chand. There are no criminal antecedents against the petitioner. The accused-petitioner [2025:RJ-JP:34395] (2 of 2) [CRLMB-7482/2025] is in custody since 22.05.2025 and the trial of the case may take considerable time, therefore, the bail application may be allowed. 3. Learned Public Prosecutor vehemently opposes the bail application and contended that the petitioner remain absconded for almost 4 years and trial could not be commenced against him, therefore, the bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on record. 5. Considering the fact that the charge-sheet has already been submitted and petitioner has remained in custody for almost 3 months and the alleged recovery of the contraband article was not effected from the petitioner's possession. The petitioner is not having any criminal antecedents and the trial of the case may take considerable time, therefore, without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Julfikar Khan S/o Kamal Khan, in connection with FIR No.220/2021 registered at Police Station Aklera, District Jhalawar, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Keshav/79